1. Definitions.
1.1 “Confirmed Winner” means a Potential Winner that Provider has confirmed, in accordance with these terms, to be a qualified winner under the applicable Contest Rules.
1.2 “Contest” means any skills-based contest, giveaway, sweepstakes, or lottery that Provider administers as a Service.
1.3 “Contest Rules” means the official rules that govern a Contest.
1.4 “Potential Winner” means the potential winning entry of a Contest as identified by Provider or Discord.
1.5 Any capitalized terms used but not defined in this Appendix have the meanings given to them in the MSA.
2. Compliance with Laws. If Provider is administering a Contest as part of the Services or Deliverables, then Provider will (a) administer the Contest in all countries or jurisdictions requested by Discord or as described in the SOW; and (b) be fully responsible for managing and running the Contest in compliance with all applicable laws, including United States sanctions and export laws. This section will govern in the event of a conflict with any other section of the MSA.
3. Contest Rules. Except as otherwise requested by Discord, Provider will draft the Contest Rules and localize Contest Rules for each country or jurisdiction participating in the Contest as applicable. Provider will state clearly in the Contest Rules that Provider bears full legal responsibility for running the Contest. If the Contest is accepting entrants from a country which requires that the rules be localized to another language, Provider will ensure the rules are available in that language.
4. Prize Fulfillment. Unless otherwise agreed in a SOW:
4.1 Provider will promptly notify and inform Discord of all the results of the Contest and any information requested by Discord.
4.2 For each Potential Winner, Provider will: (i) arrange and process clearance documents, including affidavits of eligibility, as required by Discord and in accordance with applicable law; and (ii) conduct an OFAC background check and any other background checks legally required in relevant Contest countries or jurisdictions.
4.3 Provider will notify Potential Winners and, if they meet all requirements of the Contest Rules, confirm them as Confirmed Winners.
4.4 As between the parties, Provider is responsible for distributing prizes to Confirmed Winners and coordinating delivery of the prize(s) to Confirmed Winner(s) unless otherwise stated in the applicable SOW.
4.5 As between the parties, Provider is solely responsible for collecting any necessary tax information from Confirmed Winners and for providing any necessary tax forms to Confirmed Winners in accordance with applicable laws.
5. Clear Disclosures. Any individual invited to participate in a Discord sponsored Contest must provide receipt of acknowledgement of their participation and agree to be in compliance with Discord Policies. All Contest promotions must contain a brief description about Discord and post links to Discord websites. Any Contest promotion conducted at Provider’s direct request must disclose Discord’s affiliation. If a Contest involves the solicitation and public posting of user-generated content or other content, entrants must be instructed to include an appropriate and compliant disclosure when posting the entry, e.g., #contestentry or #sweepsstakesentry. Provider will ensure any promotion for a Contest will include promotional disclaimers, a link to the Contest Rules, and be compliant with all applicable laws and regulations, including advertising laws and regulations.